An example of one of the crosses that had been planned to be installed for a two-week display on the Evansville riverfront.

Submitted by West Side Christian Church

EVANSVILLE - Attorneys for the city of Evansville told the federal court Friday that the city's approval for placement of 30 temporary Christian crosses along the riverfront is not an endorsement of religion because the city approved the application as it would for any secular or religious organization, and motioned to dismiss the complaint.

City attorneys asked the court to deny an injunction sought by the American Civil Liberties Union on behalf of Evansville residents, Chris Cabral and Nancy Tarsitano.

A motion to dismiss the complaint was also filed Friday. In that motion, city attorneys argue the display is private speech from a private organization and that denying the chuch's application could have been "viewpoint discrimination."

City attorneys argue in the brief that the city did not violate the Establishment Clause of the Constitution and is not an endorsement of religion by the city, as argued by the plaintiffs in their lawsuit

"The city has absolutely no involvement in the sponsorship, financing, decorating or erecting of the crosses, other than to address the relevant safety concerns," the brief states.

The city also states that the riverfront is a traditional public forum, which is open to all private groups, regardless of religious intent, for free expression.

The city states that the riverfront is a popular gathering spot for events, and that "the evidence indicates that every application for the use of the riverfront has been approved," according to the brief.

The city also emphasizes that the crosses would be temporary.

A reasonable observer, the brief states, can tell the display of the crosses is the speech of the church, not the city.

On Thursday, the Board of Public Works approved a sign to be displayed at the beginning and end of the cross display stating "The city of Evansville does not endorse the display or its message. The display is sponsored by and funded by a private entity," which city attorneys state in the brief that would make the city's role in the display "clear to the community."

A preliminary injunction hearing is scheduled for 2 p.m. July 18 in Indianapolis.